81_FR_57970 81 FR 57806 - Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel in the Bering Sea and Aleutian Islands Management Area

81 FR 57806 - Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel in the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 164 (August 24, 2016)

Page Range57806-57806
FR Document2016-20317

NMFS is prohibiting directed fishing for Atka mackerel in the Central Aleutian district (CAI) of the Bering Sea and Aleutian Islands management area (BSAI) by vessels participating in the BSAI trawl limited access fishery. This action is necessary to prevent exceeding the 2016 total allowable catch (TAC) of Atka mackerel in this area allocated to vessels participating in the BSAI trawl limited access fishery.

Federal Register, Volume 81 Issue 164 (Wednesday, August 24, 2016)
[Federal Register Volume 81, Number 164 (Wednesday, August 24, 2016)]
[Rules and Regulations]
[Page 57806]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20317]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150916863-6211-02]
RIN 0648-XE833


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel in the Bering Sea and Aleutian Islands Management Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is prohibiting directed fishing for Atka mackerel in the 
Central Aleutian district (CAI) of the Bering Sea and Aleutian Islands 
management area (BSAI) by vessels participating in the BSAI trawl 
limited access fishery. This action is necessary to prevent exceeding 
the 2016 total allowable catch (TAC) of Atka mackerel in this area 
allocated to vessels participating in the BSAI trawl limited access 
fishery.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 19, 2016, 
through 2400 hrs, A.l.t., December 31, 2016.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the Bering Sea and Aleutian Islands Management Area 
(FMP) prepared by the North Pacific Fishery Management Council under 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act. Regulations governing fishing by U.S. vessels in accordance with 
the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679.
    The 2016 TAC of Atka mackerel, in the CAI, allocated to vessels 
participating in the BSAI trawl limited access fishery was established 
as a directed fishing allowance of 1,421 metric tons by the final 2016 
and 2017 harvest specifications for groundfish in the BSAI (81 FR 
14773, March 18, 2016).
    In accordance with Sec.  679.20(d)(1)(iii), the Regional 
Administrator finds that this directed fishing allowance has been 
reached. Consequently, NMFS is prohibiting directed fishing for Atka 
mackerel in the CAI by vessels participating in the BSAI trawl limited 
access fishery.
    After the effective dates of this closure, the maximum retainable 
amounts at Sec.  679.20(e) and (f) apply at any time during a trip.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA, (AA) finds good cause to waive the requirement to provide prior 
notice and opportunity for public comment pursuant to the authority set 
forth at 5 U.S.C. 553(b)(B) as such a requirement is impracticable and 
contrary to the public interest. This requirement is impracticable and 
contrary to the public interest as it would prevent NMFS from 
responding to the most recent fisheries data in a timely fashion and 
would delay the closure of the Atka mackerel directed fishery in the 
CAI for vessels participating in the BSAI trawl limited access fishery. 
NMFS was unable to publish a notice providing time for public comment 
because the most recent, relevant data only became available as of 
August 18, 2016. The AA also finds good cause to waive the 30-day delay 
in the effective date of this action under 5 U.S.C. 553(d)(3). This 
finding is based upon the reasons provided above for waiver of prior 
notice and opportunity for public comment.
    This action is required by Sec.  679.20 and is exempt from review 
under Executive Order 12866.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: August 19, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2016-20317 Filed 8-19-16; 4:15 pm]
 BILLING CODE 3510-22-P



                                                57806            Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Rules and Regulations

                                                ■ 2. In § 635.21, add paragraph (c)(1)(iii)             §§ 635.21(c)(1)(iii), 635.22(a)(3), and               this directed fishing allowance has been
                                                to read as follows:                                     635.24 (a)(10).                                       reached. Consequently, NMFS is
                                                                                                        *    *     *      *     *                             prohibiting directed fishing for Atka
                                                § 635.21 Gear operation and deployment
                                                restrictions.
                                                                                                        [FR Doc. 2016–20157 Filed 8–23–16; 8:45 am]           mackerel in the CAI by vessels
                                                                                                        BILLING CODE 3510–22–P                                participating in the BSAI trawl limited
                                                *      *    *      *    *
                                                                                                                                                              access fishery.
                                                  (c) * * *
                                                  (1) * * *                                                                                                     After the effective dates of this
                                                                                                        DEPARTMENT OF COMMERCE
                                                  (iii) Has pelagic longline gear on                                                                          closure, the maximum retainable
                                                board, persons aboard that vessel are                   National Oceanic and Atmospheric                      amounts at § 679.20(e) and (f) apply at
                                                required to release unharmed, to the                    Administration                                        any time during a trip.
                                                extent practicable, porbeagle sharks that                                                                     Classification
                                                are alive at the time of haulback.                      50 CFR Part 679
                                                *      *    *      *    *                               [Docket No. 150916863–6211–02]                           This action responds to the best
                                                                                                                                                              available information recently obtained
                                                ■ 3. In § 635.22, add paragraph (a)(3) to               RIN 0648–XE833
                                                read as follows:                                                                                              from the fishery. The Assistant
                                                                                                        Fisheries of the Exclusive Economic                   Administrator for Fisheries, NOAA,
                                                § 635.22   Recreational retention limits.
                                                                                                        Zone Off Alaska; Atka Mackerel in the                 (AA) finds good cause to waive the
                                                   (a) * * *                                            Bering Sea and Aleutian Islands                       requirement to provide prior notice and
                                                   (3) Vessels issued an HMS General                    Management Area                                       opportunity for public comment
                                                Category permit under § 635.4(d) that                                                                         pursuant to the authority set forth at 5
                                                are participating in an HMS registered                  AGENCY:  National Marine Fisheries                    U.S.C. 553(b)(B) as such a requirement
                                                tournament, vessels issued a Swordfish                  Service (NMFS), National Oceanic and                  is impracticable and contrary to the
                                                General commercial permit under                         Atmospheric Administration (NOAA),                    public interest. This requirement is
                                                § 635.4(f) that are participating in an                 Commerce.                                             impracticable and contrary to the public
                                                HMS registered tournament, vessels                      ACTION: Temporary rule; closure.                      interest as it would prevent NMFS from
                                                issued a HMS Angling category permit                    SUMMARY:   NMFS is prohibiting directed               responding to the most recent fisheries
                                                under § 635.4(c), or vessels issued a                   fishing for Atka mackerel in the Central              data in a timely fashion and would
                                                HMS Charter/Headboat permit under                       Aleutian district (CAI) of the Bering Sea             delay the closure of the Atka mackerel
                                                § 635.4(b) are required to release                      and Aleutian Islands management area                  directed fishery in the CAI for vessels
                                                unharmed, to the extent practicable,                    (BSAI) by vessels participating in the                participating in the BSAI trawl limited
                                                porbeagle sharks that are alive at the                  BSAI trawl limited access fishery. This               access fishery. NMFS was unable to
                                                time of haulback if swordfish, tuna, or                 action is necessary to prevent exceeding              publish a notice providing time for
                                                billfish are retained or possessed on                   the 2016 total allowable catch (TAC) of               public comment because the most
                                                board, or offloaded from, the vessel                    Atka mackerel in this area allocated to               recent, relevant data only became
                                                during that trip.                                       vessels participating in the BSAI trawl               available as of August 18, 2016. The AA
                                                *      *    *      *    *                               limited access fishery.                               also finds good cause to waive the 30-
                                                ■ 4. In § 635.24, add paragraph (a)(10) to              DATES: Effective 1200 hrs, Alaska local               day delay in the effective date of this
                                                read as follows:                                        time (A.l.t.), August 19, 2016, through               action under 5 U.S.C. 553(d)(3). This
                                                                                                        2400 hrs, A.l.t., December 31, 2016.                  finding is based upon the reasons
                                                § 635.24 Commercial retention limits for
                                                sharks, swordfish, and BAYS tunas.                      FOR FURTHER INFORMATION CONTACT:                      provided above for waiver of prior
                                                                                                        Steve Whitney, 907–586–7228.                          notice and opportunity for public
                                                *      *    *     *     *
                                                                                                        SUPPLEMENTARY INFORMATION: NMFS                       comment.
                                                   (a) * * *
                                                                                                        manages the groundfish fishery in the                    This action is required by § 679.20
                                                   (10) Notwithstanding other provisions
                                                                                                        BSAI exclusive economic zone                          and is exempt from review under
                                                in this paragraph (a), vessels issued a
                                                                                                        according to the Fishery Management                   Executive Order 12866.
                                                permit under this part that have pelagic
                                                                                                        Plan for Groundfish of the Bering Sea
                                                longline gear on board or on vessels                                                                            Authority: 16 U.S.C. 1801 et seq.
                                                                                                        and Aleutian Islands Management Area
                                                issued both an HMS Charter/Headboat
                                                                                                        (FMP) prepared by the North Pacific                     Dated: August 19, 2016.
                                                permit and a commercial shark permit
                                                                                                        Fishery Management Council under                      Alan D. Risenhoover,
                                                when tuna, swordfish, or billfish are on
                                                                                                        authority of the Magnuson-Stevens                     Director, Office of Sustainable Fisheries,
                                                board the vessel, offloaded from the
                                                                                                        Fishery Conservation and Management                   National Marine Fisheries Service.
                                                vessel, or being offloaded from the
                                                                                                        Act. Regulations governing fishing by
                                                vessel, are required to release                                                                               [FR Doc. 2016–20317 Filed 8–19–16; 4:15 pm]
                                                                                                        U.S. vessels in accordance with the FMP
                                                unharmed, to the extent practicable,                                                                          BILLING CODE 3510–22–P
                                                                                                        appear at subpart H of 50 CFR part 600
                                                porbeagle sharks that are alive at the
                                                                                                        and 50 CFR part 679.
                                                time of haulback.
                                                                                                           The 2016 TAC of Atka mackerel, in
                                                *      *    *     *     *                               the CAI, allocated to vessels
                                                ■ 5. In § 635.71, add paragraph (d)(20)                 participating in the BSAI trawl limited
                                                to read as follows:                                     access fishery was established as a
mstockstill on DSK3G9T082PROD with RULES




                                                                                                        directed fishing allowance of 1,421
                                                § 635.71   Prohibitions.
                                                                                                        metric tons by the final 2016 and 2017
                                                *     *    *     *     *                                harvest specifications for groundfish in
                                                  (d) * * *                                             the BSAI (81 FR 14773, March 18,
                                                  (20) Retain, possess, or land porbeagle               2016).
                                                sharks that were alive at the time of                      In accordance with § 679.20(d)(1)(iii),
                                                haulback as specified in                                the Regional Administrator finds that


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Document Created: 2016-08-24 03:03:08
Document Modified: 2016-08-24 03:03:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; closure.
DatesEffective 1200 hrs, Alaska local time (A.l.t.), August 19, 2016, through 2400 hrs, A.l.t., December 31, 2016.
ContactSteve Whitney, 907-586-7228.
FR Citation81 FR 57806 
RIN Number0648-XE83

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